Whether Korea’s Export Permit Regulations on a Strategic Good under the Foreign Trade Act is a Peremptory Norm

A Focus on the Illegal Exporting Case of Mugunghwa Satellite No. 3

In: The Korean Journal of International and Comparative Law
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Ever since the problem of the illegal exportation of the Mugunghwa Satellite No. 3 was raised at the parliamentary audit in 2013, a number of concerns about the follow-up measures are still being raised. Doubts have been raised about whether it was the right decision, as a legal matter, for the Science, ict and Future Planning Ministry to decide that the sale of Mugunghwa Satellite No. 3 was invalid on the ground that the Foreign Trade Act is a mandatory rule. Even in political terms, it is necessary to review whether the repurchase of Mugunghwa Satellite No. 3 is the best option. Under these circumstances, we must review whether retrieving Mugunghwa Satellite No. 3, which has a short lifespan, by paying a high price is a necessary measure to take from a national strategic perspective.

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